By Cuellar, Dukes, Alvarado

By Cuellar, Dukes, Alvarado H.B. No. 819

A BILL TO BE ENTITLED AN ACT relating to reducing the recidivism rate for individuals under the supervision of the Texas Department of Criminal Justice. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 413, Government Code, is amended by adding Section 413.022 to read as follows: Sec. 413.022. RECIDIVISM PERFORMANCE REVIEW. (a) The policy council shall develop methods for measuring the success of each program or service determined by the Texas Board of Criminal Justice under Section 493.0052 to be designed for the primary purpose of rehabilitating inmates. On request of the policy council, the provider of a program or service or a representative of Sam Houston State University, the Texas Workforce Commission, or the Texas Department of Criminal Justice shall assist the policy council in developing the methods required by this section. The Texas Department of Criminal Justice shall assist the council by collecting data in accordance with those methods. (b) Not later than January 1 of each odd - numbered year, the policy council shall submit as part of the biennial plan required by Section 413.015 specific findings as to the success of each program or service described by Subsection (a) in reducing recidivism of inmates and accomplishing other performance objectives of the programs and services administered by the Texas Department of Criminal Justice programs and services division. SECTION 2. Section 493.002(a), Government Code, is amended to read as follows: (a) The following divisions are within the department: (1) the community justice assistance division; (2) the institutional division; (3) the pardons and paroles division; [and] (4) the state jail division; and (5) the programs and services division. SECTION 3. Chapter 493, Government Code, is amended by adding Sections 493.0052 and 493.0082 to read as follows: Sec. 493.0052. PROGRAMS AND SERVICES DIVISION. (a) The programs and services division shall administer those rehabilitation and reintegration programs and services designated by the board under Subsection (b). (b) The board shall determine which programs and services operating under the authority of the department are designed for the primary purpose of rehabilitating inmates and shall designate those programs and services as programs and services provided under the direction of the programs and services division. Sec. 493.0082. PROGRAM EVALUATION CAPABILITY. The department shall maintain a program evaluation capability separate from the programs and services division to determine the effectiveness of rehabilitation and reintegration programs and services provided to inmates and other offenders under the jurisdiction of the department. SECTION 4. Section 497.003, Government Code, is amended to read as follows: Sec. 497.003. ADVISORY COMMITTEE. (a) The prison industries advisory committee is composed of nine members appointed by the board. In appointing members under this subsection, the board shall appoint persons who represent business and industry, including one member of the board and other persons who are: (1) local workforce development board members; (2) members of recognized labor organizations; and (3) members of the staff of the State Occupational Information Coordinating Committee. (b) Members of the advisory committee serve staggered three-year terms with the terms of three members expiring February 1 of each odd-numbered year. (c) The prison industries advisory committee shall advise the board on all aspects of prison industry operations, and shall make recommendations to the board on the effective use of prison industries programs to assist inmates in the development of job skills necessary for successful reintegration into the community after release from imprisonment. (d) The board shall submit a report to the 76th Legislature that outlines the advisory committee's recommendations, the board's response, and the status of any implementation efforts associated with the advisory committee's recommendations. This subsection expires August 31, 2000. SECTION 5. Section 497.004, Government Code, is amended by adding Subsection (c) to read as follows: (c) In assigning inmates to available job training positions in prison factories, the department shall consider each inmate's needs and projected release date. SECTION 6. Subchapter C, Chapter 501, Government Code, is amended by adding Section 501.097 to read as follows: Sec. 501.097. REINTEGRATION SERVICES. (a) The department and the Texas Workforce Commission shall by rule adopt a memorandum of understanding that establishes their respective responsibilities for providing inmates who are released into the community on parole or other conditional release with a network of centers designed to provide education, employment, and other support services based on a "one stop for service" approach.

(b) An agency of the state not listed in this section that determines that it may provide reintegration services to inmates similar to those described by Subsection (a) may participate in the development of the memorandum, if the department and the Texas Workforce Commission approve the agency's participation. SECTION 7. Subchapter C, Chapter 2162, Government Code, is amended by adding Section 2162.106 to read as follows: Sec. 2162.106. REVIEW OF PRISON INDUSTRIES OFFICE. (a) The council shall conduct a comprehensive review of services provided by the Texas Department of Criminal Justice prison industries office under Chapter 497 to determine if those services may be better provided by selecting service providers through competition with other state agency providers of the services or through private commercial sources. The review shall focus on the most effective way to capture the business of state and local governmental entities and public and private educational institutions while maintaining the primary purpose of providing inmates with effective job training. (b) If the council determines that a service provided by the Texas Department of Criminal Justice prison industries office may be better provided by selecting the service provider through competition, the council shall report that fact to the 76th Legislature. (c) This section expires August 31, 2000. SECTION 8. (a) Except as otherwise provided by this section, this Act takes effect September 1, 1997. (b) Section 493.002(a), Government Code, as amended by this Act, and Section 493.0052(a), Government Code, as added by this Act, take effect September 1, 1998. The Texas Board of Criminal Justice shall complete the determination and designation of programs and services required by Section 493.0052(b), Government Code, as added by this Act, not later than September 1, 1998. (c) The Texas Department of Criminal Justice and the Texas Workforce Commission shall establish the memorandum of understanding required by Section 501.097, as added by this Act, not later than December 1, 1997. (d) The State Council on Competitive Government shall complete the review required by Section 2162.106(a), Government Code, as added by this Act, not later than September 1, 1998. (e) The Sunset Advisory Commission shall work cooperatively with the State Council on Competitive Government in reviewing the Texas Department of Criminal Justice for proposed legislation in the 76th Legislature to avoid duplication in the review of the prison industries office. (f) The Criminal Justice Policy Council shall submit the first biennial report required by Section 413.022, Government Code, as added by this Act, on or before January 1, 2001. SECTION 9. As soon as possible on or after the effective date of this Act, the Texas Board of Criminal Justice shall make appointments to the prison industries advisory committee to the Texas Department of Criminal Justice to ensure the membership of that committee includes those persons required by Section 497.003, Government Code, as amended by this Act. SECTION 10. If in another Act of the 75th Legislature, Regular Session, 1997, that is enacted and becomes law the name of the prison industries office in the Texas Department of Criminal Justice is changed to Texas correctional industries office, a reference to the prison industries office in law amended or added by this Act means the Texas correctional industries office of the Texas Department of Criminal Justice. SECTION 11. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.